Statutory Instrument 1994 No. 298

The Quick-frozen Foodstuffs (Amendment) Regulations 1994

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© Crown Copyright 1994

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1994 No. 298

FOOD

The Quick-frozen Foodstuffs (Amendment) Regulations 1994

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1), 17(1), 26(1)(a), (2)(a) and (3) and 48(1) of the Food Safety Act 1990^[1], and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48(4) of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations:—

Title and commencement
    1.    These Regulations may be cited as the Quick-frozen Foodstuffs (Amendment) Regulations 1994 and shall come into force on 1st September 1994.

Amendment of the Quick-frozen Foodstuffs Regulations 1990
    2.    The Quick-frozen Foodstuffs Regulations 1990^[2] shall be amended as follows—
 (a) after the definition of "the Act" in paragraph (1) of regulation 2 there shall be inserted the following definition-
""authorised officer" means an authorised officer of a food authority;";

 (b) after the definition of "catering establishment" in paragraph (1) of regulation 2 there shall be inserted the following definition—
""monitoring", in the context of the monitoring of air temperatures, is the action performed by an instrument for the measurement of air temperatures which instrument then records (either continuously or at frequent and regular intervals) the measurements it has made;" ,

 (c) the word "and" immediately following the definition of "quick-frozen foodstuff" in paragraph (1) of regulation 2 shall be deleted and there shall be inserted the following definitions—
""retail display cabinet" means any cabinet from which a quick-frozen foodstuff is offered either for retail sale or for sale in the course of a Cash-and-Carry business;

  "storage" includes keeping in a warehouse, and "storer" shall be construed accordingly; and" ;

 (d) for the words "the Schedule" in regulation 3 there shall be substituted the words "Schedule 1";
 (e) after regulation 6 there shall be inserted the following regulation—

"Air temperature recording instruments in means of storage and transport
    6A.—(1)  Each manufacturer, storer, transporter, local distributor and retailer of any quick-frozen foodstuff shall ensure that any means of storage or transport (other than rail transport) used by him in respect of that foodstuff shall, at each stage during which such foodstuff is within his care and control, be fitted with an instrument for the measuring or monitoring of air temperature and which meets the applicable requirements laid down in Schedule 2 to these Regulations.

    (2)  Each manufacturer, storer and transporter (the latter not including any transporter when carrying out local distribution) of any quick-frozen foodstuff shall—
(a) at frequent and regular intervals record or ensure the recording of, by means of the instrument referred to in paragraph (1) above, the air temperatures to which such foodstuff is being subjected during its storage or transport,

(b) date all records of air temperatures obtained further to sub-paragraph (a) above and keep such records for one year thereafter or such longer period as shall be justified according to the nature of the foodstuff in question, and

(c) upon the request of an authorised officer make such records available to that or another authorised officer." ;



 (f) after regulation 7 there shall be inserted the following regulation—

"Sampling and method of measuring temperatures
    7A.    Where, further to an inspection, an authorised officer has reasonable doubts that the temperatures that are being or have been maintained in respect of any quick-frozen foodstuff are not the temperatures prescribed for such foodstuff in paragraphs 1(e) and (f) (as read with paragraph 2(c)) in Schedule 1 to these Regulations, he shall further inspect such quick-frozen foodstuff and such temperatures in accordance with the provisions of Commission Directive 92I2/EEC^[3]." ;

 (g) after the word "Schedule" in the heading to the Schedule there shall be added the number "1" and after that Schedule there shall be inserted the following Schedule—

[1] 1990 c. 16, "the Ministers" is defined in section 4(1) of the Act. back

[2] S.I. 1990/2615, amended by S.I. 1992/2596. back

[3] OJ No L34, 11. 2. 92, p.30. back

Explanatory Note